Defense response to AG’s TRO motion in Tucson Citizen case. http://bit.ly/13XiCi. Legal arguments behind what was said in court Monday.
Some points it raises:
- No antitrust violation because no economic competition within JOA.
- TNI competes with all manner of media in Tucson market.
- Citizen was failing, thus no competition eliminated.
- AG doesn’t prove public interest would be irreparably harmed if no injunction issued.
- Balance of hardships clearly in defendants’ favor.
- Public interest favors defendants. Quote: “The public has no interest in watching a company bleed to death.”
- Court can’t order defendants to publish newspaper. Quote: “Forcing speech is the same as restricting speech.”